custom setting - how to check for fraud

[1stdiamondbuy]

I was wandering through an upscale mall and stopped in at a jewelry store. I asked about a custom setting and the price was right, so I went ahead and ordered with 50% deposit ($800). The ring was supposed to be ready on 6/14, but the guy from the store called to tell me that the jeweler (somebody outside of his store apparently does the custom work) had burned the platinum while setting the channel diamonds and it could not be fixed so they were starting over. I went to call him yesterday to get an update, but did not have my receipt or his card, so I did a search for "Millennium Jewelers Columbus" on yahoo and came back with this. For those not wanting to read the link, it basically says that this jeweler tried to pass off a fraudulent ring 3 times to one person. I then searched the BBB and found this. The short version is that their membership is revoked and they have an unsatisfactory rating for not replying to 2 complaints.

Not sure what to do at this point. The ring is supposed to be ready today. I was planning to possibly propose this weekend. We are going on a quick weekend vacation. I also would like to do it before a couple of weddings that we are going to on 7/16 and 7/23. The 7/16 one is my sister''s so I didn''t want to propose too close to that. So with all of that in mind, I am thinking I pick up the ring, try to get it checked either before or after this weekend, and if there are any issues, deal with them after that. My other thought is to try to get a refund on the 50% deposit immediately and start over on the search. Part of me says I''m being paranoid and that the guy couldn''t possibly stay in business at such an upscale mall if he was running a total scam business. I''m also concerned that at this point I may not have grounds to get my deposit back but I will if he gives me fraudulent work. On the other hand, I''m very concerned about giving my diamond and another $800 to a guy who has had at least a few serious integrity issues in the recent past.

Any suggestions on how to proceed? If I do pick up the diamond, what would be the best course of action in getting it checked out and proceeding if fraud? I was thinking of independent appraiser and then police. Thanks for any insight.

 

[FireGoddess]

Hmmm...I didn't click on your links but what you relayed in your post is quite scary and a definite cause for concern.

I personally would not walk out of that store without a written contract signed by both you and the jeweler that the ring is going to be appraised by an independent appraiser and if the ring is found to be faulty (fake) or appraises for less than the purchase price (or whatever clause you decide), the jeweler will refund your money and take back possession of the ring. I for sure would not walk out of there without a written agreement contingent upon independent appraisal.

It might be difficult for you to get your 50% deposit back now, based on no proof there is any wrongdoing to you. True, he has a bad rap on BBB...but you may not be able to reneg on the agreement without wrongdoing to you.

Good luck...

ETA: And if you decide to take possession of the ring today, get it appraised NOW!

 

[1stdiamondbuy]

I like the idea of trying to get him to sign a contract, but what if he refuses? Is that an odd request that will offend him? Should I even care if he is offended? I was also thinking that since he originally told me that the ring would be 3 weeks (yesterday) and then told me it would be ready today, if it is not ready does that give me ground to demand the deposit back. Should I do that at this point or wait to see what he gives me?

 

[1stdiamondbuy]

He did give me a receipt that said that I would be getting a custom platinum ring with 0.50 ct diamonds and that it would be 3 weeks. It has a return policy but says that there are no returns on custom work. I would think that since it says 3 weeks and isn''t done, I would have the right to cancel and get deposit back. I would also think that if the ring is not as described I would have the right to get all money back. The receipt does not specifically state what happens if the product is not delivered as described, but I think that if the ring is not delivered as written on the receipt, a refund or other acceptable remedy should be automatic ... possibly even required by law as he has broken a contract (essentially what the receipt is).

 

[FireGoddess]

Oh cr@p - I sent a reply and it got lost in cyberspace.

To recap what it said:

I''m curious - did the receipt say ANYthing else? For example, a platinum (or gold, whatever) ring with 0.5 ct of diamonds of x color (or higher) and x clarity (or higher)...or specifics of a certain diamond (GIA certificate number, girdle inscription number, etc)???? Because otherwise he could hand you a ring with 0.5 ct of the crappiest, dingiest, most included diamonds ever seen and technically he would have delivered what he said he would deliver. In that case, when you had it appraised, it could appraise for much less than what you paid for it, and you would have no recourse because he delivered what you agreed upon. That you overpaid would be your problem.

Tread cautiously.

With custom work, is not delivering a piece on time enough ground to get all the money back? It''s an interesting question....most jewelers I think would say no....I really don''t have a good answer. But since this is a custom piece...be careful before you walk out the door...cuz I sense this guy would not make it easy for you to get your money back.